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How Do I Fix an Error in an Order?

588 bytes added, 22:57, 9 November 2023
Supreme Court
The notice of application <span class="noglossary">will</span> simply say that you're applying to correct the order of judge or master so-and-so, made on such-and-such a date. The affidavit <span class="noglossary">will</span> simply discuss the problem in the order and provide some proof about what the order ought to say, such as the court clerk's notes from the original hearing. Ask the registry to see the clerk's notes.
===The Slip Rule===
The application <span class="noglossary">will</span> be made under Rule 15-1(18) of the Supreme Court Family Rules, also called the ''slip rule'', which gives the court the authority to correct a "clerical mistake" in an order resulting from "an accidental slip or omission." This rule also allows the court to amend an order to decide an issue that should have been decided but wasn't. The scope of the Supreme Court rule is a bit broader than its counterpart in the Provincial Court Family Rules.
These applications are normally brought before the same judge that made the order being reviewed, but if that's not possible or convenient, another judge of that court can hear it and make necessary changes.
 
A useful case to read is ''[https://canlii.ca/t/k0vl1 O.K. v. I.C.M.]'', 2023 BCSC 1893, which illustrates the application of the "slip rule" under Rule 15-1(18) to do both things:
* fix a mistake, and
* decide an issue that should have been but wasn't
 
In this case, the court corrected a mathematical error in the awarded amounts for spousal support. The judge also addressed an oversight concerning the child's passport issue in the original order, which had not included a term to surrender of the passport even though it would have served the court's intention.
==More information==